A conciliação empresarial e a mediação na fase recursal

Business Conciliation in the appeal phase is a strategic tool for resolving corporate conflicts, promoting quick consensual solutions, reducing procedural costs and preserving commercial relationships. This study analyzes the performance of 2nd degree Judicial Conflict Resolution and Citizenship Centers (CEJUSCs), highlighting their relevance in resolving judicial disputes and the challenges faced, such as the lack of knowledge about these centers, the lack of specialized mediators and the cultural resistance of the parties. Furthermore, mediation in MERCOSUR countries is explored, analyzing different regulatory approaches adopted by Argentina, Uruguay, Paraguay, Brazil and Bolivia. The study aims to propose measures to expand conciliation and appeal mediation, such as educational campaigns, investments in training specialized professionals and public policies that encourage the adoption of these mechanisms. The research is qualitative and adopts the hypothetical-deductive method, using legal-doctrinal comparison and exploratory and bibliographical analysis. It is concluded that the creation of public policies and the strengthening of CEJUSCs are essential for the success of business conciliation in the appeal phase.

Authors

Publication Details

Journal
Revista de Direito Empresarial
Published
2025-04-01
DOI
https://doi.org/10.52028/rdemp.v22.i1_art04.pr
Primary Topic
Corporate Insolvency and Governance
Type
article
Field-Weighted Citation Impact
0.00
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article

A conciliação empresarial e a mediação na fase recursal

Raimundo da Silva Vasconcelos, Zara Hussein
Revista de Direito Empresarial
Corporate Insolvency and Governance
article

A conciliação empresarial e a mediação na fase recursal

Raimundo da Silva Vasconcelos, Zara Hussein
article en

Abstract

Business Conciliation in the appeal phase is a strategic tool for resolving corporate conflicts, promoting quick consensual solutions, reducing procedural costs and preserving commercial relationships. This study analyzes the performance of 2nd degree Judicial Conflict Resolution and Citizenship Centers (CEJUSCs), highlighting their relevance in resolving judicial disputes and the challenges faced, such as the lack of knowledge about these centers, the lack of specialized mediators and the cultural resistance of the parties. Furthermore, mediation in MERCOSUR countries is explored, analyzing different regulatory approaches adopted by Argentina, Uruguay, Paraguay, Brazil and Bolivia. The study aims to propose measures to expand conciliation and appeal mediation, such as educational campaigns, investments in training specialized professionals and public policies that encourage the adoption of these mechanisms. The research is qualitative and adopts the hypothetical-deductive method, using legal-doctrinal comparison and exploratory and bibliographical analysis. It is concluded that the creation of public policies and the strengthening of CEJUSCs are essential for the success of business conciliation in the appeal phase.

Revista de Direito EmpresarialVol. 22(1)
Openalex Percentile: Top 91%
Corporate Insolvency and Governance
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A conciliação empresarial e a mediação na fase recursal — Raimundo da Silva Vasconcelos, Zara Hussein · Revista de Direito Empresarial (2025) | TGRS Research Map | TGRS